What you need to know about eService in California superior courts

Have you ever wanted to eServe your documents but worried that you might not be doing it correctly? eService can be much more efficient and save you time and money, but it is imperative that you comply with the California Rules of Court. Many people don’t know that you can actually eServe documents in all 58 California counties, even if the court does not permit eFiling. You can expect another Instant Expert guide on this very topic soon, but in the meantime we have compiled a list of things you absolutely need to know about eService in California.

  • eService is permitted if you can overnight, fax or mail your document. Pursuant to CRC 2.251 (a), anything that requires personal service is not allowed to be eServed.
  • You can consent to eService by doing one of two things: either filing and serving a notice of such, like a Stipulation or a Consent to eService, or by eFiling any document with the court. It is case specific, so when you eFile a document in a particular case you are consenting to eService in that case only.
  • You must eServe if eFiling is mandated, pursuant to CRC 2.251 (c)(2), unless personal service is required by statute, the court orders otherwise or the case involves self-represented litigants. Self-represented litigants do have the option to consent to eService.
  • Service is complete at the time of transmission. Once you hit “send” or “submit”, you have done your due diligence.
  • Any period of response time is extended by two court days.
  • Electronic Proofs of Service need to be included along with the documents being eFiled, eServed, or both. The Proof of Service can be on pleading or on a Judicial Council form. It can also be attached to the document or submitted as its own document.

If you are interested in learning more about eService in California, check out all of our free training resources.

Tagged under:

About the Author

Brooke Greene is a Product Training and Research Specialist at One Legal. She provides our audience with the training and tools they need to be successful. Brooke also has a paralegal certificate, is a member of the San Diego Legal Secretaries Association, and is a CALSPro certified process server. In her free time, you can find her at the beach, soaking up the San Diego sun with her daughter and her chocolate lab.

1 Comment

  1. Pingback: CALSPro Adds Electronic Service of Process to Their Best Practices – insurance hosting server

Share your thoughts

(Your email is for verification only.)

*